Recent Judgments in Land & Revenue Law
AGREEMENT TO SELL NOT CONVEYANCE, CAN NOT GIVE ANY RIGHT IN THE PROPRETY WITHOUT SUIT FOR SPECIFIC PERFORMANCE-SUPRME COURT:-
Supreme Court Mandates Reversal of Forest Land Allotments (May 2025)
In a landmark decision, the Supreme Court directed all State Governments and Union Territories to reclaim reserved forest land that had been allocated by Revenue Departments to private institutions or individuals for non-forest purposes. This includes establishing Special Investigation Teams (SITs) to identify such diversions, with a mandate to either restore the land to the Forest Department or recover equivalent compensation for afforestation purposes. The implementation timeframe is capped at one year.
High Court Nullifies Unauthorized Government Land Classification (Telangana HC)
The Telangana High Court recently quashed a 2019 tahsildar order that arbitrarily declared a five-acre parcel in Alwal (Survey No. 380) as government property. The court held that the tahsildar lacked jurisdiction, affirming that disputes over title must be adjudicated in civil courts. Until resolved, the petitioners’ possession remains protected
Orissa High Court Calls Out Heir Suppression in Property Deals
In a compelling judgment, the Orissa High Court invalidated sale transactions of ancestral land in Keonjhar where two brothers deceitfully excluded their sisters, orchestrating the sale through an intermediary. The court deemed the act “carefully engineered” and held revenue officials complicit. Notably, the order led to an increase in compensation from ₹6.96 crore to ₹21.08 crore. The NHAI has been directed to halt compensation, and a thorough investigation is underway.
Himachal Pradesh High Court Strikes Down Encroachment Regularisation Clause
A division bench of the Himachal Pradesh High Court declared Section 163-A of the Himachal Land Revenue Act, 1952 unconstitutional. The provision, which allowed regularizing government land encroachments, was deemed “arbitrary” and contrary to public interest. The court ordered removal of such encroachments by February 28, 2026, and called for accountability reforms, also addressing misuse of adverse possession doctrine.
Supreme Court Confirms Stamp-Duty Liability on Agreements with Possession
Affirming long-standing precedent, the Supreme Court clarified that even agreements to sell immovable property attract stamp duty as conveyance—if possession is transferred—even before actual transfer of title. This aligns with provisions under Section 53A of the Transfer of Property Act and the Maharashtra Stamp A